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gc28262
07-12 12:31 AM
Are all these paper based filings or e-filings?

I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.

Mine was an e-filing. However my FP scheduling was quite weird.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12

I still went ahead and gave my FP on 11/13.
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dehradoon
02-10 04:55 PM
Hi all,

I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.

Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?

Please advice..I need to make a decision this weekend!!

Thanks
San


Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
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menimmigration
07-19 09:48 AM
Hello IV Members,

I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

Thanks.
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pappu
10-18 10:16 AM
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.

The following reasons were attached in the document:

1. - The job opportunity has been and is clearly open to any qualified U.S worker.

The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?

sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
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seahawks
06-26 02:39 PM
While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
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mps
04-26 11:02 PM
Normally there should be a LUD on 485 after FP is done (same day/next)..


Gurus:

I don't see any LUD after my FP in November. My RD for 485 is July 02 1007.

However there was LUD on my approved I-40 in December 2007 (140 was approved in September 2006).

What could it mean possibly?

Reagrds,
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rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.

I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.

I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.

No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
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lkapildev
11-13 04:21 PM
You may be lucky You can have a GC without I-140 approval. True. Your GC status is subject to I-140 Approval


You may be unlucky, USCIS might have returned your application or there is some RFE etc.

Just prey
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krishna.ahd
10-15 03:58 PM
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.

So can anyone provide good online tools to know more about investing on stocks and buying stocks online...

Thanks
Start with this - much simpler
http://money.cnn.com/magazines/moneymag/money101/lesson4/

or this
http://www.fool.com/investing/basics/index.aspx?source=ifltnvpnv0000001

Good Luck
BTW , there are supposed to be lot of police around here , looks like all are set with GC
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jonty_11
01-15 01:49 PM
ielts.org refers you to els.edu....
els.edu has a locationin my State/city. However, that location is not listed in the ielts.org website. I am trying to get in touch with my local els.edu office, but does anyone know if all els.edu offices (locations) can conduct this English Test for Canadian Immigration??
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sayantan76
04-21 02:15 PM
Hi,

I am working in US on L1 and my company would start my green card filling in next few months.

I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

But many of my friends told me that green card processing is faster on L1.

I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

Thanks in advance.

~Greeta
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.

of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......

Of course, this is not legal advice but only anecdotal experience
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jonty_11
06-11 12:18 PM
Guys,

Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will

He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...

http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
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Dakota Newfie
03-27 09:18 AM
My immigration attorney said it was OK for my wife to "volunteer" as long as the work was "volunteer", i.e. something a US citizen could "volunteer" to do.
She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.
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meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..

if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
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ilikekilo
05-11 11:57 AM
i already did send a few
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sj2273
01-30 11:41 AM
Emailed Detroit News and Free Press
and NPR(Miradio.org)
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nashdel
08-07 11:09 PM
Mine approved August 2nd, Wife`s pending. May be this is one of the administrative fixes from USCIS! As primary on EAD I would have to Work in same job classification, can not stay here for long without work or open a new business. But spouse on EAD can do either one of those per my knowledge. They can allot visa number to another primary. I do not think this is the reasoning from USCIS and there has to be some other reason though such as security check. I wonder if it is smart for them to allot visa numbers to primary and secondary in 2:1 ratio. Will ease problems for lot of people.
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raj3078
02-09 09:53 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
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iv_only_hope
02-17 10:10 AM
Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?
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ganguteli
06-12 06:40 PM
Hi, Now what are my options going forward and how does this affect my chances of a successful SPERM filing ??


Stop drinking too much beer and lazing around. Go and upgrade your skills and sperm count. Only then you can do a a successful SPERM filing :D
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fromnaija
08-04 03:27 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?

The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.

PS:

Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.
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